New Rights for Blood Tests and DUI's....What this means for Maryland's New Marijuana Laws

DWI OR DUI IN MARYLAND OVERVIEW

For the majority of current drunk or drugged driving offenders, the suspect is pulled over for a minor traffic infraction.  They are then asked to perform tests and blow.

The officer approaches your car and gets your license and registration and returns to their car.  Shortly later, they again come to your car and ask if you have been drinking or consumed any drugs.  If you have consumed, you may be best to reply, "under the advise of my attorney, I respectfully refuse to answer." 

Most likely, you will be asked to leave the car and perform three tests: the eye glare, the walk the straight line and the stand on one foot.  The officer will then ask you to perform a roadside breath test.  This roadside test is not admissible in Court. 

If your arrested, you will be taken to the station and then asked to blow again.  If you blow between a .08 and .14 then it's a 45 day suspension for the first offense and 90 days for each subsequent offense.  This breath reading usually results in the person being charged with the criminal offense of driving while impaired by alcohol.  A DWI carries a criminal penalty of 60 days in jail and/or a $500.00 fine.  It also carries eight points on your driving record.  

If you blow higher than a .15 your license is suspended for 90 days for the first offense and 180 days for a second or subsequent offense. This breath reading will result in you being charges with driving under the influence of alcohol.  A first-time conviction of a DUI carries a criminal penalty of up to a year in jail and or/a $1,000.00.  A subsequent offender faces enhanced MVA and criminal penalties. The MVA penalties are more stringent for CDL drivers.
     
If your a first time offender and you refuse the breath test your Maryland license will be suspended for 120 days.  If your a repeat offender then your license is suspended for one year.  If a jury finds that you avoided the test you can get another two months and/or $500.00 added to your jail sentence.

If you blow a .15 or higher or refuse the breath test, then you will have to enroll in the interlock program for one year, or you will not be able to legally drive in Maryland. 

You must enroll in the interlock program within 30 days of the order of suspension and meet other criteria.

DWI AND DUI AND DRUGGED DRIVING BLOOD TESTS AND THE NEW SUPREME COURT RULING

It's not that uncommon for a person to be involved in a minor accident and charged with a DUI.  Sometimes the impaired driver elects to go to the hospital and seek treatment because of injuries. 

On April 17, 2013 the United States Supreme Court ruled in Missouri v. McNeely, that a blood test amounts to search under the 4th amendment of the U.S. Constitution.  Therefore, a warrant is generally required before a police officer can draw the blood of a drunk or drugged driving suspect.  A warrant isn't required only when there's no time to obtain one.  In the world of cell phones and emails there is almost always time to obtain a warrant.  At least that's the defense lawyers argument.  Can you guess the State's?

To circumvent the warrant requirement, a police officer may ask the driver to voluntarily consent to a blood draw.  Because alcohol dissolves in the body over time, this may be an unwise choice.  Furthermore, if the person was intoxicated and consented to the blood draw, did they do so freely, voluntarily and knowingly?  Again, this is room for your lawyer to make Constitutional arguments on your behalf before your case makes it to trial.

It should be noted that if the driver was taken to the hospital, the State will likely subpoena the hospital records to have the blood alcohol submitted to the court.  Again, there are certain arguments your lawyer may make to have the hospital records excluded.   

DRIVING TESTS WHEN THE NEW MARIJUANNA LAWS GO INTO EFFECT

On October 1, 2014, possession of less than 10 grams of marijuana will be a non-criminal offense.  However, Maryland's Motor Vehicle Code and Criminal Laws prohibit driving while impaired by drugs and/or alcohol and driving while impaired by a controlled dangerous substance.

Currently, the State Police and other law enforcement agencies are increasing the training of their officers in order to have more drug recognition experts on their force.  These DRE's are called in by the other officers to test the suspected driver.  Quite often the DRE's assessment is subjective and open to aggressive cross examination by the defendant's lawyer. 

As of this publication, Maryland has not decided on a legal limit of the amount of marijuana or nanograms of THC, one has in their system before they are presumed impaired.  Although blood tests for THC have faced scrutiny, it would require the DRE to get a warrant for blood.  This will add a layer of oversight for the DRE.  Arguments can be made for and against whether Maryland should adopt a nanogram minimum. 

ABOUT ME:  Howard A. Brucker is a Maryland attorney located in Havre De Grace, Maryland.  A former law clerk with the Cecil County State’s Attorney and the Delaware Department of Justice, Howard represents clients in all of Maryland Courts, including Harford, Cecil, Kent and Baltimore Counties.  Howard offers free criminal consultations and accepts credit cards and payment plans.  He can be reached at 443-418-6675 or howard@howwardbruckerlaw.com 

Any reference to any cases referred to in this or any blog, which were handled by The Law Office of Howard A. Brucker, LLC would be considered an advertisement and does not guarantee future results.        

  

Maryland's Second Degree Assault

As the holiday season winds down, I thought I should address Maryland's Second Degree Assault.

Under the MD Criminal Code, a person charged with second degree assault can be convicted of a misdemeanor and can be sentenced up to 10 years in prison and a fine not exceeding $2,500 or both.  The assault becomes a felony if a person is convicted of assaulting a law enforcement officer or parole officer while performing their duties.

When a person can face up ten years in prison, the crime should fit the time.  Strictly speaking, almost any kind of physical contact with another would qualify as second degree assault.  In my experience, I have seen assault charges filed from alleged sex offenses, routine bar room brawls, pushing a hostile neighbor and even throwing a cup at someone.

A person charged with second degree assault should take this very seriously.  They could face substantial jail time now, and unknowingly set themselves up for more jail time later.

A plea negotiation with probation before judgement could seem like a good option. However, if the accuser is a family member, neighbor or co-worker, who's to say they won't file charges again?  Then what?  Now the defendant is facing two assault charges.

If a defendant accepts a guilty plea with a suspended sentence, any kind of criminal infraction could violate their probation and expose them to incarceration.  Imagine a defendant accepting a second degree assault conviction and receiving two years jail time all suspended.  Fast forward nine months and the defendant violated his probation.  Now that defendant could face significant jail time.  Perhaps another plea or even a trial would have better served this defendant.  Only the defendant and their lawyer know the answer.

So how can you defend your second degree assault case?  First of all, the defendant needs to spend significant time with their lawyer as soon as possible.  As time passes, people tend to forget.  Many times these "assaults" have several witnesses.  Its important to identify these witnesses and determine if they can aid your defense.        

Secondly, the defendant and their lawyer need to discuss if the defendants were victims of assault themselves.  If the defendant was assaulted by their accuser, they could file charges as well.

And lastly, the defendant and their lawyer need to discuss the legal defenses to assault.  The defendant's lawyer can also prepare a case for trial.  The party more prepared for trial betters their chance of securing a winning plea agreement.  

As any case, certain other factors and circumstances may be critical to the case. Regardless, I hope the reader finds this blog helpful in navigating Maryland's Second Degree Assault.  

ABOUT ME:  Howard A. Brucker is a Maryland attorney located in Havre De Grace, Maryland.  A former law clerk with the Cecil County State’s Attorney and the Delaware Department of Justice, Howard represents clients in all of Maryland Courts, including Harford, Cecil, Kent and Baltimore Counties.  Howard offers free criminal consultations and accepts credit cards and payment plans.  Any reference to any cases referred to in this or any blog, which were handled by The Law Office of Howard A. Brucker, LLC would be considered an advertisement and past success does not guarantee future results

                             

HOW MUCH TIME DO YOU SPEND WITH YOUR LAWYER?

October 15, 2013


After another session in Maryland criminal court, I thought that the time one spends with
their attorney is an important subject. 

How many times have you told a friend a story but forgot to leave out an important detail?
Leaving out an important detail could lead to drastic consequences.  If you have ever been charged with a crime you might have serious issues with the police report.  Quite often, the police report only tells half of a story.     


The busiest of all criminal law practices is the Maryland Office of the Public Defender. 
Due to the economic collapse, the Office of the MD PD is busier than ever.  Although the PD office employs some of the brightest and most experienced criminal lawyers, they are also the busiest.  It's not uncommon for a client to first meet their public defender on their trial date.  When this happens, important information could be forgotten or not adequately investigated.

On the bright side, the prosecutors are often in the same boat as the public defenders.  If the prosecutors are lucky they may have videotapes, lab results or DNA evidence. 
More often, they have an arresting officer and some witnesses who may even be of questionable character.

Therefore, its very important to understand your case before any plea discussions are
discussed with the State.  Perhaps, the State doesn't even know the weakness of their case.  The more holes punched in the States ship, the more likely it will sink.     

I have found that the more time I spend with my clients the better I can defend their rights.  I had a confession thrown out of Court, only because I had the time to ask my probing questions.  My clients are not lawyers.  It would be foolish of me to expect my clients to know when some of their rights have been violated.
      
To insure that your lawyer receives all the important information pertaining to your case, I
recommend the following:

1.  Write down your own version of events in relation to your case. 
Make sure you include people's names, possible addresses and what they said or did.

2.  Schedule and keep your appointment with your lawyer, at least 35 days before your trial date. MD rules require the opposing side to have a list of potential witnesses 30 days before trial.  Failure to comply could forfeit those witnesses.

3.  Keep a notebook handy.  An issue about your case might pop into your head.

4.  Communicate with your lawyer periodically before trial.  If there is something
you need to discuss, then call your lawyer.  Make sure to ask questions.  Questions often lead to other issues about your case that may have never been discussed.    

          
Howard A. Brucker is a Maryland attorney located in Havre De Grace, Maryland.  A former law clerk with the Cecil County State’s Attorney and the Delaware Department of Justice, Howard represents clients in all of Maryland Courts, including Harford, Cecil, Kent and Baltimore Counties.  Howard offers free criminal consultations and accepts credit cards and payment plans.   

      

It is important to consult an attorney regarding your individual case.  This site and the content thereof is not legal advice, nor is it intended to be.  You may contact my office by phone; however an attorney-client relationship will not immediately be established. Until an attorney-client relationship is established, withhold sending any confidential information.